Task force proposes streamlining Iowa's civil courts

After two years of study, an Iowa Supreme Court task force recently recommended ways to make civil court more efficient and affordable. Here's a look at some of its proposals.

Two tiers

Proposal: Create a two-tier justice system, with one tier for disputes involving claims of $50,000 or less and another for claims of more than $50,000. Tier 1 cases would have a simpler, more streamlined set of procedures to limit pretrial discovery, use of expert witnesses and to set a trial date more quickly.

Reaction: Tim Semelroth, a Cedar Rapids attorney who handles personal injury and medical malpractice cases, said the recommendations don't go far enough to cut costs. “Shorter timelines and deadlines will only nibble around the edges of litigation costs without addressing the biggest sources of cost,” he said, such as fees for expert testimony that can cost up to $20,000.

One judge/one case

Proposal: Assign one judge to a civil case from start to finish. Rulings are now made by whichever judge is on the bench on the day the case comes to court. The judge, who might not be familiar with the case, must read the entire file before making a ruling.

Reaction: “I like being specially assigned to cases because it gives me more control (of managing it),” 6th Judicial District Judge Sean McPartland said. “I'm familiar with the case, can monitor how things are going, prevent wait time on motions and I can keep moving issues along and get them resolved quicker.”

Specialty business court

Proposal: Assign complex business cases to a separate docket that would be handled by judges who have interest or

expertise in business litigation.

Reaction: Marty Diaz, an Iowa City attorney and task force member, said setting up a specialty court could encourage more businesses to move into Iowa if the courts were equipped to handle those disputes. Taking these cases out of the regular court docket would also decrease court backlogs of other cases. he said.

Video and teleconferencing

Proposal: Expand use of video and teleconferencing when available or allowed according to court procedures to save time and money.

Reaction: Task force members said the technology to implement this recommendation would be costly.

Unresolved issues

Costs for lower claims: No solutions were proposed to lower costs for people with smaller claims of $25,000 to $30,000 that can cost $15,000 or more to take to court.

Alternative dispute resolution: The use of private mediation is working but task force members were concerned about its long-term effects, Jury verdicts are public but mediation settlements are usually confidential so there's nothing to measure the value of future claims, said Tom Drew, Des Moines attorney and task force member. He also worried wrongdoing by doctors would not be public in malpractice cases.

Discovery processes and expert witness fees: Reforms to streamline the discovery process and limit pay for expert witnesses to $150 a day were discussed but no agreement was reached. “It was frustrating because we wanted changes so there would be equal access to the courts but I left feeling like it (recommendations) wouldn't change anything", said Tim Bottaro, Sioux City attorney and task force member.